By Delaware Senate Republican Dave Wilson
& Delaware House Republican Valerie Jones Giltner
On Friday, January 10, 2025, Senator Dave Wilson (R-Lincoln) and Representative Valerie Jones Giltner (R-Georgetown) introduced Senate Bill 37 (SB 37), legislation that would guarantee a right to legal counsel for certain relatives seeking to adopt children within their families after parental rights have been terminated. The proposal would ensure that eligible family members, including grandparents, siblings, aunts, uncles, and step-relatives, have necessary legal support available to navigate the adoption process when a child is in the custody of the Delaware Department of Services for Children, Youth, and Their Families.
Although the final estimates are still being determined, analysts and the bill’s sponsors believe the proposal will save the state money as more children are projected to be in the care of their families rather than that of the government.
“This bill is about keeping families together and providing the necessary legal resources for relatives who want to offer a stable, loving home to a child in need,” said Senator Wilson. “No family member should be deterred from stepping up simply due to the cost of legal representation.”
SB 37 specifies that eligible relatives will be appointed free legal counsel during all stages of the adoption process if the child is in state custody and parental rights have been terminated. The legislation addresses a critical gap in current adoption laws by ensuring relatives have equitable access to representation. The eligible relatives may waive their right to counsel if they wish.
“By passing this bill, we are making it easier for families to stay connected and for children to find permanent, supportive homes with relatives they know and trust,” Representative Jones Giltner stated. “This is a common-sense measure that prioritizes the well-being of Delaware’s children.”